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1995 SESSION

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CHAPTER 219 An Act to amend and reenact §§ 2.1-20.01:1 and 2.1-391 of the Code of Virginia, relating to powers and duties of directors of state agencies and the Department of Planning and Budget. [H 1778] Approved March 14, 1995

Be it enacted by the General Assembly of Virginia:

1. That §§ 2.1-20.01:1 and 2.1-391 of the Code of Virginia are amended and reenacted as follows:

§ 2.1-20.01:1. General authority for agency directors.

A. Notwithstanding any provision of law to the contrary, the agency director of each executive branch agency shall have the following powers and duties:

1. To supervise and manage the department or agency.

2. To prepare, approve, and submit to the Governor all requests for appropriations and to be responsible for all expenditures pursuant to appropriations.

B. The agency director of each executive branch agency, except those that by law are appointed by their respective boards, shall not proscribe any agency employee from discussing the functions and policies of the agency, without prior approval from his supervisor or superior, with any person unless the information to be discussed is protected from disclosure by the Virginia Freedom of Information Act (§ 2.1-340 et seq.) or any other provision of state or federal law.

C. No provision in subsection A shall be construed to restrict any other specific or general powers and duties of executive branch boards granted by law.

D. This section shall not apply to those agency directors that are appointed by their respective boards or by the Board of Education. Directors appointed in this manner shall have the powers and duties assigned by law or by the board.

E. The director of each agency in any branch of state government shall, at the end of each fiscal year, report to the Secretary of Finance the dollar amount and corresponding percentage of the agency's total annual budget that was supplied by funds from the federal government.

§ 2.1-391. Duties of Department.

The Department shall have the following duties:

1. Development and direction of an integrated policy analysis, planning, and budgeting process within state government.

2. Review and approval of all sub-state district systems boundaries established or proposed for establishment by state agencies.

3. Formulation of an executive budget as required in this chapter. In implementing this provision, the Department of Planning and Budget shall utilize the resources and determine the manner of participation of any executive agency as the Governor may determine necessary to support an efficient and effective budget process notwithstanding any contrary provision of law. Such budget shall include reports, or summaries thereof, provided by agencies of the Commonwealth pursuant to subsection E of § 2.1-20.01:1.

4. Conduct of policy analysis and program evaluation for the Governor.

5. Continuous review of the activities of state government focusing on budget requirements in the context of the goals and objectives determined by the Governor and the General Assembly and monitoring the progress of agencies in achieving goals and objectives.

6. Operation of a system of budgetary execution to assure that agency activities are conducted within fund limitations provided in the appropriations act and in accordance with gubernatorial and legislative intent.

7. Development and operation of a system of standardized reports of program and financial performance for management.

8. Coordination of statistical data by reviewing, analyzing, monitoring, and evaluating statistical data developed and used by state agencies and by receiving statistical data from outside sources, such as research institutes and the federal government.

9. Assessment of the impact of federal funds on state government by reviewing, analyzing, monitoring, and evaluating the federal budget, as well as solicitations, applications, and awards for federal financial aid programs on behalf of state agencies.

10. Review and verification of the accuracy of agency estimates of receipts from donations, gifts or other nongeneral fund revenue.